The resolution passed by the Northern Provincial Council accusing successive Sri Lankan governments of committing acts of genocide against the Tamilpeople came a few weeks before the UN Human Rights Council meeting in Geneva in March this year. It also asked the UN to set up an investigation into Genocide in various forms alleged to have been perpetrated on the Tamil people from the time of Independence. The resolution also called upon the UN to release the report of its investigation panel into alleged war crimes committed in the final phase of the country’s internal war, and to also set up an international process to ensure accountability for those crimes. However, the UN did not release the report of its investigation panel. It heeded the Sri Lankan government’s appeal that the release of the report should be postponed to give the new government time to make its own domestic accountability procedure more concrete. The UN report is now expected to be released later this year in September when the UN Human Rights Council gathers once again in Geneva.

The visit to Sri Lanka of the UN’s Special Rapporteur on Truth, Accountability, Reparations and Guarantees of Non- Recurrence, Pablo de Greiff, gave the Northern Provincial Council another opportunity to present its case on genocide before the UN. It is reported that the Genocide Resolution was given to the UN Special Rapporteur. However, once again, it does not appear that the Genocide Resolution has had the desired impact. The Tamil media reported that “the UN Special Rapporteur was advocating for an internal mechanism during his visit. He was urging more time and space to be given to the new regime in Colombo. However, the Tamil representatives have explained in detail on the failure of all successive regimes in Colombo in delivering internal mechanisms capable of addressing the crimes committed by the SL State itself and its armed forces in the past.”

The doubts about the viability and success of a domestic mechanism to ascertain the truth and to ensure accountability for war crimes would be shared by many of the human rights and civil society representatives who had the opportunity to meet with the UN Special Rapporteur. Those who play a watchdog role in civil society are dedicated to ensuring the highest standards on matters of human rights and governance. They represent ideals and causes, and are well positioned to push and agitate for them. However, those in government are inclined to take a more pragmatic approach about what is possible and what is not. It was likely to have been the sense of pragmatism amongst international governments that constitute the decision makers in the UN Human Rights that led to the postponement of the release of the report of the UN investigation panel.

Winning Approach

The new government is taking a different approach from that of the previous government in agreeing to cooperate with the international community and with the UN system to deal with outstanding human rights issues. On the one hand it has adopted the core position of the former government in stating that the investigation into the past and the processes of accountability will need to be done domestically. On the other hand, its Foreign Minister is making pledges to the international community that it “will remedy the root causes of injustice, discrimination and prejudice that have spawned hate and violence for many decades. This government will break from this past and is deeply committed to make our vision of a multi-cultural, multi-ethnic and multi-lingual Sri Lanka based on the principles of equality, justice and meritocracy a reality for all Sri Lankans.” These commitments are being backed by actions and are getting the new government a great deal of international support.

One of the foreign government representatives to visit Sri Lanka, Tom Malinowski, Assistant Secretary for the office of democracy, human rights and Labour went out of his way to show support for the course of action being followed by the new government. He wrote an article to the Sri Lankan press stating that “The United States welcomes actions taken by the Sri Lankan government to rebuild trust with the Sri Lankan people; and we stand ready to support efforts in establishing a just and lasting peace. All around the world, there are countries that are going through, in their own ways, what Sri Lankans went through here. Read the headlines from Yemen to Iraq to Afghanistan to Burma, and you will see why the international community wants Sri Lanka to succeed. Not just for the country’s sake, but for all our sakes: The world needs Sri Lanka to keep showing that a society divided by ethnicity and faith can find peace through democracy and dialogue.”

The peaceful transition from an increasingly authoritarian government that appeared to be entrenched in power to a multi-party government in which there is cohabitation between a president and prime minister who come from rival parties has few if any precedents. The new government’s willingness to engage in dialogue with the international community is coupled with Sri Lanka’s strategic location in the Indian Ocean and its large and active Diaspora in many countries. These would be two of the issues that cater to the self-interest of the international community to work in constructive partnership with the Sri Lankan government. In this context the efforts of the Northern Provincial Council to act like an opposition party to the new government is unlikely to obtain international support to it.

Unconstructive Frustration

The sense of frustration that is driving the Northern Provincial Council to repeatedly try to promote its Genocide Resolution is understandable. But it is unlikely to impress the international community as being a constructive tool of problem solving, especially as it is a partisan document. The Genocide Resolution is not one that is self critical and it makes no mention of internal killings and of the ethnic cleansing of other communities. It is a document that is better suited to partisan actors such as the various Tamil Diaspora groups who are not responsible for securing the day to day well being of the masses living in the North and East of Sri Lanka, and wish to antagonize the Sri Lankan government. But it is not a document for the Northern Provincial Council to champion. They need to be championing issues of practical power sharing and the ground level concerns of the people, who wish to have livelihoods, find out what happened to their missing ones and want demilitarization.

After coming to power, and in a relatively short period, the new government has implemented several positive changes, including replacing the former military governors of the Northern and Eastern provinces with civilians with a liberal disposition, released some portion of land occupied by the military back to the people from whom it was taken, and where both the President and Prime Minister have spent several days in the North meeting with the people and getting to know their sufferings and aspirations first hand. They have done this although a general election is likely to be held in a few months, in which the opposition will utilize all the forces of Sinhalese ethnic majority nationalism to defeat the government. At a time when the new government is taking a path that is different from the previous one, it is not constructive of the Northern Provincial Council to be taking a confrontational posture.

The Northern Provincial Council is part of a countrywide system of devolved government that can contribute to the improvement of the people’s lives. When it was first established in 2013, there was positive anticipation from politicians in the other provinces that it would take the lead in fighting for more devolution of power and thereby help to empower the other provinces which were all under the control of the then ruling party. Unfortunately, the previous government denied it both political power and economic resources. As a result it could not help the victims of the war and the poor people of the province. But now there is a new government with a new approach for which the Tamil and Muslim people voted in overwhelming numbers. There were some hardliners in the Tamil Diaspora and Sri Lanka itself who urged a voter boycott, but this was not the position taken by the Tamil people. It is in the interests of the entire provincial council system, and the people of the North, and indeed in all parts of the country that could benefit from its wise leadership, that the Northern Provincial Council should work in cooperation with the central government and not in opposition to it.

Removing the impediments in the 13th amendment is imperative to achieve national reconciliation and peace

Territorial integration may be achieved by the armed forces, but national unity of communities can be achieved only by the appropriate political process. Absence of war here indicates only the silence of guns and not the attainment of sustainable peace. De-communalized nation, democratized political system and demilitarized State are imperative to rightly put Sri Lankan political economy in a progressive path through which Sri Lanka can achieve true independence and sustainable development. Majoritarian arrogance and ambitions have thrown this country into the orbit of political vicious circle that persistently enlarges the crisis, chaos and conflicts. Sri Lanka is a multi-national country which has been divided ethnically, religiously and regionally not by the actions of the common people but by the power hungry politicians. Divisive and destructive political leaders endangered and alienated the minority nationalities and deceived the majority nationality by promoting the politics of Sinhala hegemony versus Tamil sectarianism. Unity of Sri Lanka cannot be achieved by the compulsions of All Powerful hegemonic leadership but by honest compassion, true conciliation and mutual consensus.

It is well known that the Constitution of Sri Lanka of 1978 was made by Mr. JR Jeyewardane with the sole purpose of making himself His Majesty of All Powerful. Accordingly, he inserted effective provisions and protections for him to act freely with full immunities, converted all governmental institutions in order to direct in support of his whims and fancies and facilitated himself to use all the resources of the State at his personal will. To democratize the existing Constitution, the proposed amendments should be made with clear objectives that every amendment to the Constitution would completely remove the Authoritarianism- based-structures of the Constitution.

There is a widespread urge in Sri Lanka that the existing Constitution should be replaced by a reformed new Constitution that shall ensure all human and fundamental rights to all the people, social justice, political freedoms, economic equities, truly functioning democratic political system, independency of judiciary, rule of law and so on. Given the fact that the present political environment and formation of the present government in power is not appropriate to adopt a new constitution, the proposed amendments to the existing Constitution should include the provisions to remove all existing provisions that were and could be used as loopholes to unanswerably rule the State, unaccountably use the State resources and unquestionably reign the people.

Eradication of armed LTTE is not equivalent to the solution or settlement of the ethnic issues. Ethnic conflict in Sri Lanka entered into the international arena in 1983 and still is in serious concerns of the various international communities, which are, in different context, have interests in Sri Lankan resources and its location. Therefore, people who have illusory mind holding that the ethnic problem of Sri Lanka is always an internal matter are either misunderstood the reality or deliberately attempting to deceive the concerned sections. However, it can be resolved internally if the Sinhala leaders of major political parties have a united will and thereby the residual matters may be contained to become part of the internal matters of Sri Lanka.

There is an urgency to resolve the problem reasonably as early as possible before it takes another dimension. It is a historical opportunity that has made the presently emerged unity of major political parties of all communities. To achieve such a situation again in Sri Lanka, the country has to undergo again through another set of serious national crisis inflicting countless deaths of people, destructions of multi-billion worth of properties and dilapidation of all democratic institutions. I, therefore request the law makers to include the amendments in respect of the 13th Amendment (13A) also so that the Provincial Councils (PCs) shall serve to the basic aspirations and socio-economic developments of the people of their respective regions.

Many may argue that the 100 days programme does not include anything about devolution of powers to the PCs or to find any political solution to the ethnic problem. Reason for such non-inclusion is well known among the political circles. Some may say that the present coalition in power is a delicate alliance that includes anti-devolution forces. Managing the extremist forces is a matter of concerns of the majority people – supported – moderate political leaders. Urgent Need of the hour for achieving the desired national reconciliation and social harmony is the devolution of powers to the PCs in compliance with the basics of the 13A so that the people and socio-political forces of the respective provinces could feel that their PCs are substantially useful.

I do not want here to debate as to whether the powers devolved to the PCs are sufficient or insufficient and therefore do not submit any suggestion requesting any major correction to be made in the 13A in order to provide more powers to the PCs. However, it is to be noted that as long as the existing major defects in the 13A sustain in so much as its own clauses disable its body as a whole from functioning constructively, the devolutionary process shall continue to be in suspension and the existence of the PCs is a sham deluding the demand of reasonable political solution to the ethnic conflict persisting in Sri Lanka for last more than 85 years. It is therefore imperative, to rectify the 13A in order to make the PCs effectively and efficiently workable and useful to the people, by removing and replacing such provisions which are contradictory to the basic objectives of the establishment of the PCs. Since the Constitution is the supreme and not either the President or the Central Government, the progressive functioning and sustainability of the PCs should not be left with the whims and fancies of the President or the Central Government of Sri Lanka (CGSL) but be ensured unequivocally by the legal provisions enshrined in the Constitution.

I humbly here submit in brief the principles to be considered for the amendments to be made in respect of the 13A, to the consideration of the Constitutional Experts presently engaged in drafting the Amendment Proposal. The Proposed amendments should ensure:

1. GOVERNORS:-

That the President should not appoint any serving public servant to the post of Governor.

That the Governors should not act in politics when they are in office.

That the PCs should be under the Governor’s rule during the election for the provincial councilors from the date of nomination to the date of new Chief Minister (CM) ’s swearing in.

That during the Governor’s rule under emergency or otherwise, the Governors may act on the advice of an advisory body consisting legal and administrative experts appointed by the President and in any event, the CGSL or any of its ministers shall not interfere directly with or take over the executive powers of the PCs.

That only the Constitution should require the Governors to act at their discretion in any of their functions and such discretionary functions should have been provided not impliedly but expressly and specifically by the Constitution.

That even if any part of the Constitutional provision requires the Governors, without specifying their discretion, to act in any specified function in any matter substantially or incidentally relating to the executive functions and powers of the PCs including the business of the Legislative Assembly, all such powers should be exercised only in aid and in accordance with the advice of the CMs or the Council of Ministers (CoMs) of their respective PCs.

2. PROVINCIAL COUNCILS ACT OF 1987:-

That the Governors should not engage themselves directly in any executive functions as regards to which they are not required by the Constitution or by any statute of the respective PC to act at their discretion.

That since either the 13A or any other part of the Constitution has not provided so far any executive function to be acted by the Governors at their discretion, the Constitution must make sure that the executive powers in functions, specified in the Provincial Councils Act of 1987 (PCA of 1987) for the Governors to act, should be exercised in compliance with the first part of the Art. 154C and F of the Constitution and not otherwise in any manner. Governors or any administrator should not be allowed to interpret the Constitutional provisions at their own understanding or desire.

That the PCA of 1987 should be replaced by a new act drafted clearly in consistent to the provisions of the 13A and in order to remove the unnecessary interferences of the CGSL

3. POWERS AND RIGHTS OF THE PCs:-

That it must be made clear that non implementation of any provision of the Constitution also is unconstitutional. Neither the President nor the CGSL has any right or power to deny any right or power provided by the Constitution to the PCs, without the reasons defined in the Constitution. Hence, the Constitution must have the provision for making the President and the CGSL liable to uphold each and every provision of the Constitution and to do their duties accordingly in order to ensure all the provisions of the Constitutions are implemented fully and properly and also to make sure that all the institutions and branches of the State also duly function in compliance to the Constitution.

4. CONCURRENT LIST:-

That the ambiguities regarding the “Concurrent List (CL)” should be removed by constitutionally specified provisions clearly distributing as to the executive powers on the subjects listed in the CL and as such powers are on which subjects necessarily reserved to the CGSL and on which subjects completely left to the Provincial Executives and also on which subjects both are allowed to act.

That the legislative superiority of the Parliament over the “concurrent subjects” on which the PCs have the executive powers should be defined so that the CGSL shall not discreetly or otherwise acquire such executive powers of the PCs.

5. FINANCE TO THE PCs:-

That the distribution of a certain percentage of Income Tax collected by the CGSL to the PCs should be guaranteed by the Constitution

That the personnel and properties of the departments collecting the revenues mentioned in the Provincial List should be transferred to the PCs.

That the National Finance Commission (NFC) should be constituted and commence its functions with immediate effect and the Constitution should ensure permanent existence of the NFC in all circumstances.

That the Turn Over Taxes (TOT) on whole sale and retail sales should be restored as it was originally in the government revenue when the 13A was enacted by the Parliament. Maximum and minimum limit of such taxations and the specifically exempted items from such taxations should be declared only by the Budget of the CGSL. The exceptional part in the item No.36(1) of the Provincial List should not be misinterpreted as it allows the CGSL to take away the revenue of the TOT. The VAT or GST is not at all a new taxation but a reformatted TOT only. All changes made through introduction of VAT, GST and so on by sucking the incomes from the TOT after the 13A came in to force should not be allowed to make any depletion in the mandatory revenue of the PCs and therefore all such changes made after 1988 should be treated as part of the TOT revenue.

That there are more than 20 revenue items marked in the Provincial List of the 13A for the PCs to determine and collect and those are at present determined and collected by the CGSL. These collections should not be treated as a part of the revenue of the CGSL but mandatorily to be transferred to the Provincial Consolidated Fund (PCF).

5. Provincial Police:

That Constitutionally PCs are charged with the responsibilities of law and order, collection of certain taxes and fees, controlling and regulating duties in number of affairs. These duties cannot be discharged without the aid of the police institution and personnel. Therefore, the devolution of police is a must and the denial is unconstitutional.

That the identity of a policeperson is established not by the kind of weapon he carries but by the uniform he wears. What type of uniform a policeperson has to wear and what kind of weapon such policeperson should carry are decided not by PCs but by the CGSL. Therefore delaying the devolution of police power is an unjustifiable act.

That the appointments of Provincial Police Commission and the Deputy Inspector General (DIG) of the province should be made in accordance with the Constitution and the police cadres of all ranks should be deputed to function accordingly.That the DIGs should begin to function in accordance with the clause 11(1) of the Appendix to the Provincial List in the 13A. The said clause is the crucial one in respect of the devolution of the police powers to the PCs to preserve the law and order, protect the peace and internal security and prevent any violation of any law. So, such functions emphasize the need of various inner institutions in the Provincial Police. Therefore, the said clause 11(1) needs to be further clarified with additional sub-clauses and necessary explanatory provisos.

6. PUBLIC SERVICE OF THE PCs:

That the Chief Secretary, other Secretaries to the provincial ministries, Directors of the departments and Commissioners of the statutory authorities functioning under the PCs and the Divisional Secretaries (Assistant Government Agents) should be appointed by the Governor on the advice of the Council of Ministers, from the Sri Lanka Administrative Service (SLAS) officers deputed or seconded to serve under the PCs’.

That the SLAS officer’s deputed or seconded to the PCs must function as the cadres of the PCs and their transfers back to the Central Government administration should be made only with the consent of the respective Chief Minister and the particular officers.

That a permanently workable solution in respect of the dispute as to how the Government Agents can function under the two masters at a time is yet to be determined appropriately or otherwise alternatively an equivalent post should be established by the PCs to head the provincial administration at the district level.

That the rules and regulations to the PCs’ administration at all levels should be made by the Governors on the advice of the respective Council of Ministers, in line with the general administrative guidelines made by the National Public Service Commission or followed by the Central Government.

That the power of recruitment of personnel to the provincial services and the power of promotion and dismissal of such personnel should be vested with the Provincial Council of Ministers (PCoM) provided such actions are scrutinized by the Provincial Public Service Commission (PPSC) as to whether such actions are done justifiably and in compliance with the rules and regulations of the public services. The PPSC should function in such matters in accordance with the guidelines made by the Governor on the advice of the Council of Ministers. However, the decision as to where such servants to be posted and in respect of suspending and taking disciplinary action on any of such servants from the service in case of necessity should be made by the CM or the PCoM, because the collective responsibility of the provincial administration is constitutionally burdened on the PCoM.

That it is ridiculous establishing a parallel government body at provincial level in the name of PPSC to hold the full power to provide employment to the Provincial Public Service (PPS) and authorities over the provincial public servants in the matters of appointments, disciplines, transfers, disciplinary actions, suspensions and dismissals whereas the PCs are burdened with only the responsibilities to manage, direct and look after such servants and thereby the PCs are forced to administer the provincial affairs only at the desire of the such public servants, over whom the PCs have no authority.

That the PPSC may be vested with certain powers to function independently as a Tribunal to decide the matters in disputes regarding appointments, transfers, disciplinary actions, suspensions and dismissal of provincial public servants. It also can function as an advisor body to the Provincial Executives in the administrative matters.

That there should not be any Ministry at the Central Government in the name and style of subjects that have been fully devolved to the PCs by the Constitution and also in the name of the subjects left by the law of the Parliament to the executive functions of the PCs.

That the confusions prevailing in the Constitution in respect of the term ”Provincial Council” should be cleared as to where it means “Provincial Legislative Assembly”, where it means Provincial Council of Ministers and where it means “Provincial Administrative Bureaucracy”. and

The interpretation of the terms like “National Policy”, “National Programme”, “National Importance”, “National Interests”, “National Highways”, “National Schools”, “Special Purposes Hospitals”, “National Service”, and “National Security” should be provided in the Constitution so that the Parliament or the Central Government shall not encroach into the legislative or executive spheres of the PCs.

Finally, I wish to suggest to the Constitutional Amendment Makers to include an independent commission called “DEVOLUTION COMMISSION (DC)” to be appointed by the proposed Constitutional Council. Although the Supreme Court is the ultimate forum to interpret the provisions of the Constitution, everyone for everything should not and cannot approach the Supreme Court to get the relief or correct position. Particularly, since the issues regarding the devolution are politically sensitive it should be resolved and settled as much as possible at a closed-door forum that comprises impartial and experienced experts in judicial and administrative fields. The proposed DC may function as an “advisor body” to the Centre and the PCs in getting proper understanding of the Constitutional provisions and also function as a “Dispute Clearing House” between the Centre and the PCs and also between the PCs.

Sangam literature serves the Tamils well in the study of their social and economic history. The better known Chola exploits of a millennium back owe their origin to the Sangam era. The first Tamil Poet Laureate of Tamil Nadu after India got independence was Namakkal Kavignar. He said “We Tamils are legatees to great achievements; let us do all that is appropriate to regain our past glory”. Life affirmation and material prosperity characterized earlier times. Full awareness of it influences their thought and action in both places across the Straits. With such consciousness perhaps Edmund Samarakkody MP speaking in Parliament in 1961 said; “Tamils are a proud people, a people with a history”. Yes, people with a rich heritage will seek to reassert their rights to give the appropriate economic dimension to their aspirations.

What stands in their path and against their forward movement will have to move out of their way. When the Treaty of Versailles heaped humiliation on Germany, Mao Tse Tung as a young revolutionary of age 25, addressed some French leaders in 1918, along these lines – You people think you have done something great. In ten or twenty years war will break out – What a warning it was to those insensitive to the susceptibilities of the defeated and impervious to the inevitable destined to follow. What a parallel it has to the war and its aftermath in Sri Lanka.

Human Resources

The unconventional way in which Japan and Singapore grew in recent times has dazzled the world. The irrepressible energy of the Japanese was duly channeled by good governance to make the economy top notch. The mental energy of a single leader in Singapore has taken the nation to laudable status among first world economies. They have blasted the notion of richness in indigenous natural resources as basic to create more wealth. To them the richest resource was the people to whom modern education was provided and skills imparted. As important or more was the luring of foreign finance together with transfer of technology.

Sri Lanka and the Northern segment are rich in human resources, though yet to be cut, polished and value added. The last three-quarter century has shown the world over, how material wealth can enhance human resources that have remained stagnant for long. For the segment of the North, economic opportunities abroad have opened up possibilities never considered practicable earlier. It is to such material that those in governance owe an obligation to provide the environment for further growth.

Attractions of the Modern

To cite but one area of meaningful and profitable engagement it is tourism. A post Tsunami inspection took my colleague and me in early 2005 to coastal Mullaitivu where we marveled at the tourism potential of NANDIKADAL. How many really know of the incredible tourism resources allowed to lie fallow? Do many Sri Lankans know that Singapore on par with Ceylon in tourism 50 years back gets 15 times as many tourists now? This would show potential but let it not go by default for want of clear thinking. The writer knows as much as any Tamil that education, IT, health, agriculture, food security, infrastructure and housing count for more. What is considered practicable for the bulk of diaspora financing is investing with a modern flavour. Their business like computations will smack of the ultra-modern.

Tamil Diaspora as Investor

With a global perspective World Bank says quite assertively that Diaspora can be a source of capital, investment and technology transfer. International migrants in 2013 estimated at 230 million by WB compose 3% of world population. Sri Lankan Tamil Diaspora approximates 30% of its parent community in Sri Lanka. Its earning capacity is therefore disproportionately higher compared to that of 3%. It is further pointed out that recorded remittances received by developing countries at $ 404 billion in 2013 exceeds official aid flows. Capital from Tamils mobilisable abroad and investible in the North is huge. But what flows in as of now is only a fraction.

It comes in disjointed driblets merely to make life tolerable to their near ones. Why such a phenomenon? The prevailing no-war situation has failed to create an environment of calm or repose. The bitterness of war is made to fester. The heavy presence of the military is a constant abrasion to foil any healing of the Southern ulcer. Lest they begin to forget, there is a raucous reminder of it in the annual calendar of celebrations. In the fifties Japanese imports bore the label ‘Made in Occupied Japan’. That was designed to rub insult upon injury. Even without it, General MacArthur blazoned it with his presence. The existence of the military Governor in the North is precisely to reinforce such animosiy. To rub in that the East is no less prostrate than the North, there is a military Governor there as well. The government relishes the thought that a perfect ensemble is in place as a rivet of its despotism.

Why Tamils Recoil

Are learned theses necessary to explain why the diaspora does not invest in the North or in the rest of the country? Whatever goodwill that existed even during the conflict is being dissipated by a single entity –the government. It is doing all within its power not to abate ill feeling but to embed antipathy. What the diaspora thinks is in sync with Tamils throughout the globe. More importantly, it resonates with the feelings of the parent community resident in the land of their birth. It was this unity that brought the jitters and forced a weird theory upon the LLRC. There is a good Tamil diaspora and a bad. A patriotic SL government should entice the former, alienate the latter and marginalize both.

What a strategy; using a wedge to unite! The approach of the government is same as the Britisher’s attitude to India’s aspiration to freedom. Bharathi puts across in memorable words as coming from the white man – “A slave born to labour, how dare you nurture thoughts of being free. Have you known it before? Can you ever use it?” The poet repudiates, “Those robustly intent upon independence, will never settle for anything less. With a keenness for nectar, will they ever waste their breath on toddy?” (read 13A). An effusion of stirring lines decades before independence galvanized the Tamils. With the government standing asininely insensitive to Tamil aspirations, they too will remain equally obdurate. Five years have remained the same and Tamils have little thought of investing nearer home. Yet a change in national consciousness induced by a new leadership can make the difference. In that hope some ideas are outlined.

Investment Climate

When a nation is pressed against the wall it is constrained to go for climate change. Many a state has opted for it and herein we have seen economic progress. Consequent to the climate change, Foreign Direct Investment (FDI) which started in $ millions in the sixties reached billions in a few decades and then touched $2 trillion in 2007. The slide since then is now getting reversed and in 2013, $ 1.461 trillion was recorded. FDI projected for 2016 is $ 1.8 trillion.

Global FDI stock has now reached $25.5 trillion. Global investment needs are in the order of $ 5 to 7 trillion per year. It is assessed that developing countries need $ 3.3 to 4.5 trillion, which is mainly for basic infrastructure. It may also be noted that in 2013, 54% of FDI inflow was to developing countries. Developing Asia is No. 1 global investment destination – (source: UNCTAD). The significance of FDI to Sri Lanka and inflow from diaspora may be seen in such perspective.

UNCTAD’s Investment Policy (IP) Emphases

Outlining 11 core principles in the area of FDI, the UN body says in 3 of them:

“Investment policies should be developed involving all stakeholders, and embedded in an institutional framework based on the rule of lawthatadheres to high standards of public governance and ensures predictable, efficient and transparent procedures for investors”.

“In line with each country’s development strategy, investment policy should establish open, stable andpredictable entry conditions for investment”.

“Investment policies should provide adequate protection to established investors. The treatment ofestablished investors should be non-discriminatory in nature”. (emphases added)

The most salient are highlighted. How many of them obtain in the Northern Province or in the country? Expected Investments have not measured up to the billions devoted to the reconstruction effort. Tamils know of the energy and resources that have been channeled in more than restituting road and rail infrastructure together with bridges and as relevantly power and communication network. When they are not purposefully utilized to attract foreign inflows or for governmental investment, no worthwhile results follow. We have seen it in recent years.

In the last few years World Fact Book did not even publish the FDI data of Sri Lanka. SL had lost her credibility. WFB wished to retain its name for reliability. Prior to that the information showed an upward variance compared to statistics elsewhere on SL. Zimbabwe is in the same boat.

Aversion to Northern Development – Why?

Reference to North is the precisely demarcated Northern Province. Statistics are official. Perceptions are not confined to a single ethnic entity. Of late they are very much at variance with official pronouncements. The percipient and the honest accept only what is tenable and credible.

It is sought to examine why the North has not surged from May 2009. The present and the future are inseparable from the past. The germ of constraining one community was well planted in the last century.

It was in full political flush before independence. Its growth was inhibited by the ruling power – the British. Since then it was war by other means – politics – till 1983. “Extension of politics by other means”- war- followed. From 2009 it is war under camouflage. Tamils are not naïve to wish for the fruit of war to fall from defeat. The benefits are scrupulously reserved for the victor. In what form?

In the North a show of development with high visibility structures for visitors. To the gilt cage some shine is added. Life is certainly made more tolerable with easier commuting, good communications and the benefits of electricity. Very little is added to economic progress or employment or the quality of life. They are however no substitute for self-government. The Provincial Council is instituted for the purpose of engaging the people in their own governance. But it is negated through Governor’s government, a single orifice that constricts any meaningful development. Where did the Province stand in 2008, assessed through economic and social criteria? LAST in the country. Where does it stand in 2014? LAST in the country.

When the Province is circumscribed in every respect by central authority and displays only negative features, what is the attraction for foreign or Diaspora investment? Military infestation was irksome to everybody. Para militaries made it worse. High Security Zones had expelled tens of thousands. Iniquitous land misappropriation has added to displacement. There is no resumption of normality and this is not the way to attract investment or development. Tamils are wont to think that this is by intent and design. Making the investment climate hospitable is the first step in drawing investments to the North.

What the Future Holds

A reputed writer in a recent publication of his has expressed a worthwhile and credible viewpoint. Put in my words, a statesman in the mould of Mandela may have the stature to attempt a change of national consciousness among his people (Sinhala). But he must have a higher vision to be worthy of such a mission.

Having said that, he adds that only President Rajapaksa himself personally can find a way out of this impasse. “However, given the elements that comprise Mahinda Rajapaksa’s consciousness, such atransformation in the southern consciousness is not likely to happen. What is more likely is that Rajapaksawill stoke the southern supremacist consciousness in a downward spiral into a deeper andwider conflict”.

It is difficult not to hold with the writer. If that be the reality, Tamils have to be prepared for a long haul to experience the benefits of peace. It would seem that our path to redemption is not laid out in velvet. Government’s proactive policies, responded to by Tamils with investment, development and economic progress can deflect dire prospects.

This is in response to a statement released by Friday Forum on 01st of June 2014 titled ‘’Post-war realities in the Northern Province’’ signed by Mr. Jayantha Dhanapala, Prof. Savitri Goonesekerere & Mr. Tissa Jayatilaka on behalf of the forum.

Although your representatives, according to your statement, have met cross section of the society in Jaffna & Kilinochchi, they have not made any attempt to seek the opinion of the Leader of Opposition of the Northern Provincial Council in this respect before releasing the statement.

Nevertheless, I wish to place before you my views and concerns with regard to the statement.

The statement inter-alia states that ‘’ Forum is, however, perturbed by the hindrances that impede the proper functioning of the NPC’’. Further it is stated ‘’ It is the sincere hope of Friday Forum that the Governor and the President will extend their vital support and cooperation to the Chief Minister and the duly elected NPC by the provision of the requisite financial and administrative resources to enable the NPC to discharge its duties and responsibilities to the citizenry’’.

Before I place my views and concerns, I wish to bring the following facts for your information.

1. Allocation of funds to the NPC by the Government

1.1 Recurrent Expenditure:

According to the National Budget estimates the recurrent expenditure allocation for the NPC for the year 2014 is Rs.11,622/- million. In terms of per-capita expenditure, this amounts to Rs.16,369/-. The per-capita recurrent expenditure allocation to other eight provinces are less than Rs.10,000/-.

1.2 Capital Expenditure:

According to the National Budget estimates for the year 2014, the NPC has got the largest amount of capital expenditure allocation of Rs.5,831/- million as compared to other eight provinces. The allocation to other provinces are as follows:

Province Amount Allocated

(Rs. Million)

Sabragamuwa 4,580

Central 3,927

Uva 3,873

Eastern 3,546

North Central 3,393

Western 2,755

North Western 2,470

Southern 2,093

Further, the allocation of Rs.5,831/- million for the year is part of Rs.21,967/- million ear-marked for spending through the NPC for the following programmes during the period 2013-2016.

The Government has secured a loan of USD 138.00 million for the above project. The scope of the project is (a) Iranamadu Tank Rehabilitation (b) Water Supply Pipe Lines & 19 Towers (c) Sewerage system for Jaffna MC. This Project was initiated in 2002 and the project feasibility was carried out by SMEC at the request of ADB. The total cost of the project is about Rs.23,000/- million including GOSL contribution. The Government has signed an agreement with the ADB in February 2011 and still continues to pay commitment fees to the ADB for the said commitment.

Since this subject matter is coming under the purview of the Provincial Council, they are the implementing agency. As such, their consent is needed to go ahead with the project. The Provincial Council from the time they were elected to power in September 2013 has been dilly-dallying on giving their consent & because of this delay now the AFD, one of the funder, has indicated their decision to cancel the funding of USD 48.00 million towards this Project. I understand that the ADB may also decide to cancel the loan if the decision is prolonged.

From the above, you would understand whether the Government is extending its support and cooperation to the NPC or not. There is no hindrance or impediment for the NPC to carry out the above Projects and Programmes of works. The only impediment is the inability and inefficiency of the governing body of the NPC for the last 08 Months.

Since the elected body took in charge in September 2013, the Provincial Council has not passed a single statute, except the appropriation Bill. Without passing a statute how can a provincial Council collect its own revenue (In addition to the allocation by the government). Even to administer the subjects in the Provincial Council List statutes need to be passed.

Further, in the election manifesto of the TNA for the Provincial Council Election under the sub heading ‘’Development with National and International Assistance’’, it is stated as follows:

‘’TNA would engage with the Sri Lankan State, the International Community and the Tamil Diaspora to address the issue of long-term investment and aid in the province. The Tamil Diaspora is an important segment in the securing of regeneration andwell being for the affected people and we would obtain their invaluable aid and expertise.’’

In a speech delivered by the Chief Minister Justice C V Wigneswaran at the Taj Samudra Hotel on 13th February 2014 at The National Conference on the theme ‘’Postwar Socio Economic Development’’ , he has inter-alia stated as follows:

‘’On a positive note, during my recent discussions with the President, in the presence of his Secretary, the Secretary to the Treasury and the Secretary to the Cabinet, we discussed the

mutual benefits that could be reaped by the Central Government and the Northern Provincial Council by allowing a smooth flow of funds from our brethren abroad, through State organs. One of the difficulties faced by us was the delay in donor monies reaching us. Since valuable Foreign Currencies could flow into the coffers of the State I said they must ensure the speedy delivery of equivalent local currency to the periphery. The President and his advisors were seemingly very accommodative saying so long as the donations are approved in advance by the State the passage of the finances to their ultimate destination would be unhindered’’.

It is evident from the Chief Minister’s Speech that neither the President nor the government is causing any hindrance to invite funds from the Tamil Diaspora and to start investment as stated in the Election Manifesto. However, up to now not a single investment has come into the Northern Province. Who is responsible for this? Whether it is the inability of the elected body or the impediment caused by the Government?

I trust the above facts would enlighten you on the post-war realities in the Northern Province.

Since your statement was given wider publicity in the media, I am compelled to release this letter to the media in order to enlighten the public on the correctness of your statement.

At the District Development Committee Meeting held in Jaffna, on Monday the Chief Minister of the Northern Province, C.V. Wigneswaran charged that the Central Government was holding on to powers that should be vested in the Northern Provincial Council.

C.V. Wigneswaran expressed the following views at the meeting.

“Some matters are clear for us to see at present. The government has not enacted national policies to fulfill the needs of the people of the Northern Province who were affected by the war. The government’s policies are being implemented in a fashion that meets the needs of the ruling party, its hierarchy and officials. “

He noted: “The government is acting under the impression today that people in areas under the purview of the provincial council, must only obtain services from the Central Government. From October 2013 to january 2014, we proposed to the government that we could work together on this. On the second of January this year, I met with the President for this purpose. ”

“I explained to him the shortcomings in the implementation of the 13th Amendment to the constitution. I explained to the President that even if we do not receive the powers vested in us through the 13th Amendment, we would support the people who have been affected by the war. I made a request that the affairs of the Presidential Task Force in the Northern Province, be entrusted to elected representatives in the Northern Provincial Council.”

He also added: “Unfortunately, the President is yet to make a decision in our favour. What has transpired instead? Instead of respecting the democratic right of the people, the Central Government is holding on to powers that should be granted to the Northern Provincial Council. I must mention that as per the constitution of this country. administration is divided between the Central Government and the Provincial Councils. Development ,eetings like this are organised to discuss these matters. We cannot allow for the Central Government to act to keep powers that are by law vested in the Provincial Council, through these meetings.”